Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010599502026 NC: 2026:KHC:49091 WP No. 28296 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 28296 OF 2026 (LA-KIADB) BETWEEN:
SRI KARTHIK S S/O SRINIVASA, AGED ABOUT 35 YEARS, R/AT SHIVARAPATTANA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT. …PETITIONER (BY SRI. ANANDA V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU-01
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/3, RASTROTHANA PARISHATH 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU -560 001 REPRESENTED BY SPECIAL DEPUTY COMMISSIONER
3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (CENTRAL OFFICE), NO.14/3, MAHARSHI ARAVINDA BHAVANA, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU -560 001 …RESPONDENTS (BY SMT.POOJA M KOORSE, HCGP FOR R1;
SRI.VASANTHA, ADVOCATE FOR R2 AND R3)
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010599502026 NC: 2026:KHC:49091 WP No. 28296 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENT NOS.2 AND 3 AS PER GAZETTE NOTIFICATION DATED 10.09.2024 UNDER REFERENCE NO.CI 79 SPQ 2024 I.E., ANNEXURE-G IN RESPECT OF PETITIONER'S LAND BEARING SURVEY NO.76/2 MEASURING 0-19 GUNTAS, SITUATED AT SHIVARAPATTANA VILLAGE, KASABA HOBLI, MALUR TALUK KOLAD DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash a notification bearing No.¹L 79 J¸ï¦PÀÆå 2024 dated 10.09.2024 issued by the respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'the Act, 1966') in respect of the land bearing Sy.No.76/2 measuring 19 guntas situate at Shivarapattana Village, Kasaba Hobli, Malur Taluk, Kolar District. 2. The petitioner contends that he is the owner of the land bearing Sy.No.76/2 measuring 19 guntas situate at
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HC-KAR
CNR: KAHC010599502026 NC: 2026:KHC:49091 WP No. 28296 of 2026
Shivarapattana Village, Kasaba Hobli, Malur Taluk, where he formed a layout of residential sites after obtaining the approval from the local panchayath, which passed an order dated 19.10.2023 releasing the sites.
The petitioner claims that though the land was converted on 21.07.2022 for non- agricultural purposes, the respondent No.1 issued a notification dated 10.09.2024 proposing to acquire various lands including the land mentioned above. The petitioner filed objections to the said notification contending that the land in question was already converted and a residential building is constructed along with the Shilpakala Mandira and therefore, requested the Land Acquisition Officer not to proceed with the acquisition. The petitioner submits that the said objections is not considered and the respondent No.1 is trying to proceed with the acquisition. 3. The learned counsel for the petitioner reiterated the above contentions. 4. The learned counsel for the respondent Nos.2 and 3 submits that the petitioner has called in question a preliminary notification and therefore, this writ petition is not maintainable. - 4 -
HC-KAR
CNR: KAHC010599502026 NC: 2026:KHC:49091 WP No. 28296 of 2026
However, he submitted that if the petitioner has filed objections to the notification, steps would be taken to consider the objections and pass appropriate orders and thereafter proceed in accordance with law. 5. In view of the above, the petition is disposed of, directing the respondent Nos.2 and 3 to consider the objections filed by the petitioner to the preliminary notification bearing No.¹L 79 J¸ï¦PÀÆå 2024 dated 10.09.2024 and pass appropriate orders. While doing so, the respondent Nos.2 and 3 shall take into account the circular issued by the State Government bearing No.¹L 590 J¸ï¦PÀÆå 2012 dated 18.03.2013. Sd/- (R. NATARAJ) JUDGE
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